BILL NUMBER: SB 1618	CHAPTERED  09/23/00

	CHAPTER   585
	FILED WITH SECRETARY OF STATE   SEPTEMBER 23, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 22, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 30, 2000
	AMENDED IN ASSEMBLY   AUGUST 29, 2000
	AMENDED IN ASSEMBLY   AUGUST 24, 2000
	AMENDED IN ASSEMBLY   AUGUST 7, 2000
	AMENDED IN ASSEMBLY   JUNE 12, 2000
	AMENDED IN SENATE   APRIL 13, 2000

INTRODUCED BY   Senator O'Connell
   (Coauthors:  Assembly Members Alquist, Kuehl, and Thomson)


                        FEBRUARY 22, 2000

   An act to amend Sections 33353, 33354, and 35179 of, and to repeal
and amend Section 33352 of, the Education Code, and to amend Section
1 of Chapter 151 of the Statutes of 1996, relating to
interscholastic athletics.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1618, O'Connell.  Interscholastic athletics.
   Existing law requires the State Department of Education to
exercise general supervision over the course of physical education in
elementary and secondary schools of the state, as specified.
Existing law, until January 1, 2001, describes the California
Interscholastic Federation (CIF) as a voluntary organization
consisting of school and school-related personnel with the
responsibility for administering interscholastic athletic activities
in secondary schools and sets forth legislative intent that the CIF,
in consultation with the department, implement certain policies.
Existing law required the CIF to report to the Legislature on its
evaluation and accountability activities undertaken pursuant to those
provisions on or before January 1, 1999.
   This bill would extend those provisions pertaining to the CIF
until January 1, 2002, and would delete obsolete, related provisions.
  The bill would also require that the report be submitted to the
Governor and the Legislature on or before January 1, 2002.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 33352 of the Education Code, as amended by
Chapter 487 of the Statutes of 1993, is repealed.
  SEC. 2.  Section 33352 of the Education Code, as amended by Chapter
151 of the Statutes of 1996, is amended to read:
   33352.  (a) The State Department of Education shall exercise
general supervision over the courses of physical education in
elementary and secondary schools of the state; advise school
officials, school boards, and teachers in matters of physical
education; and investigate the work in physical education in the
public schools.
  (b) This section shall remain in effect only until January 1, 2002,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2002, deletes or extends that date.

  SEC. 3.  Section 33353 of the Education Code is amended to read:
   33353.  (a) The California Interscholastic Federation is a
voluntary organization consisting of school and school related
personnel with responsibility for administering interscholastic
athletic activities in secondary schools.  It is the intent of the
Legislature that the California Interscholastic Federation, in
consultation with the State Department of Education, implement the
following policies:
   (1) Give the governing boards of school districts specific
authority to select their athletic league representatives.
   (2) Require that all league, section, and state meetings
affiliated with the California Interscholastic Federation be subject
to the notice and hearing requirements of the Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950) of Division 2 of Title 5
of the Government Code).
   (3) Establish a neutral final appeals body to hear complaints
related to interscholastic athletic policies.
   (b) The California Interscholastic Federation shall report to the
Legislature and the Governor on its evaluation and accountability
activities undertaken pursuant to this section on or before January
1, 2002.
  (c) This section shall remain in effect only until January 1, 2002,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2002, deletes or extends that date.

  SEC. 4.  Section 33354 of the Education Code is amended to read:
   33354.  (a) The State Department of Education shall have the
following authority over interscholastic athletics:
   (1) The department may state that the policies of school
districts, of associations or consortia of school districts, and of
the California Interscholastic Federation, concerning interscholastic
athletics, are in compliance with both state and federal law.
   (2) If the department states that a school district, an
association, or consortium of school districts, or the California
Interscholastic Federation is not in compliance with state or federal
law, the department may require the school district, association, or
consortium, or the federation to adjust its policy so that it is in
compliance.  However, the department shall not have authority to
determine the specific policy that a school district, association, or
consortium, or the federation must adopt in order to comply with
state and federal laws.
   (3) If the department states that a school district, association,
or consortium, or the federation is not in compliance with state or
federal law in matters relating to interscholastic activities, and
the school district, association, or consortium, or the federation
does not change its policy in order to comply with these laws, the
department may commence with appropriate legal proceedings against
the California Interscholastic Federation, the school district or
against school districts that are members of the California
Interscholastic Federation or the association or consortium that the
department states is in noncompliance.  In a legal proceeding the
court shall determine the matter de novo.  The department may make
recommendations for appropriate remedies in these proceedings.
   (b) This section shall not be construed or interpreted to limit
the discretion of local governing boards, or voluntary associations
formed or maintained pursuant to subdivision (b) of Section 35179, in
any policy, program, or activity that is in compliance with state
and federal law.
   (c) The state law with which the policies of school districts,
associations, or consortia of school districts, and of the California
Interscholastic Federation, concerning interscholastic athletics,
are required to comply, in accordance with this section, includes,
but is not limited to, any regulations issued by the State Board of
Education pursuant to Section 232 with regard to sex discrimination
in interscholastic athletics.
  (d) This Section shall remain in effect only until January 1, 2002,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2002, deletes or extends that date.

  SEC. 5.  Section 35179 of the Education Code is amended to read:
   35179.  (a) Each school district governing board shall have
general control of, and be responsible for, all aspects of the
interscholastic athletic policies, programs, and activities in its
district, including, but not limited to, eligibility, season of
sport, number of sports, personnel, and sports facilities.  In
addition, the board shall assure that all interscholastic policies,
programs, and activities in its district are in compliance with state
and federal law.
   (b) Governing boards may enter into associations or consortia with
other boards for the purpose of governing regional or statewide
interscholastic athletic programs by permitting the public schools
under their jurisdictions to enter into a voluntary association with
other schools for the purpose of enacting and enforcing rules
relating to eligibility for, and participation in, interscholastic
athletic programs among and between schools.
   (c) Each governing board, or its designee, shall represent the
individual schools located within its jurisdiction in any voluntary
association of schools formed or maintained pursuant to this section.

   (d) No voluntary interscholastic athletic association, of which
any public school is a member, shall discriminate against, or deny
the benefits of any program to, any person on the basis of race, sex,
or ethnic origin.
   (e) Interscholastic athletics is defined as those policies,
programs, and activities that are formulated or executed in
conjunction with, or in contemplation of, athletic contests between
two or more schools, either public or private.
  (f) This section shall remain in effect only until January 1, 2002,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2002, deletes or extends that date.

  SEC. 6.  Section 1 of Chapter 151 of the Statutes of 1996 is
amended to read:
  Sec. 1.  (a) The Legislature finds and declares all of the
following:
   (1) The California Interscholastic Federation (CIF) is a voluntary
organization that was first organized in 1914.  It consists of
school personnel that has had general responsibility for
administering interscholastic athletic activities in high school
sports and is accountable to governing boards of school districts and
other local agencies.
   (2) The CIF is associated with over 1,200 member schools and over
400,000 girls and boys.  Through participation in athletic-centered
interscholastic activities, high school pupils in California develop
values, attitudes, and skills for personal growth.
   (3) The mission of the CIF is to fulfill its commitment to
educating California's youth for a better tomorrow and to work in
partnership with the entire community to assure equity and provide
services, opportunities, and leadership necessary to establish and
maintain quality high school athletic programs.
   (4) The CIF is governed by state and federal statutes regarding
athletics and complies with State Board of Education guidelines
regarding discrimination and gender equity.  In addition, the CIF is
governed by its own constitution and corresponding bylaws that are
developed and approved by a 30-member federated council representing
all facets of the education community.
   (5) In 1994, the CIF completed a statewide strategic plan to
examine policies and practices and in 1996, a report was presented to
the Legislature.
   (b) This act shall be known and may be cited as the California
Interscholastic Athletic Act.
